Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-11-30
NEW TRIAL FOR SHARP
TEE DECISION OF TIE LOWER COURT
REVERSED.
The Glad Tidingl Conveyed to the Prisoner
Points Upon Which the Supreme
Courts Opinion Was Based

ALBANY, y. T., November 29.-Tbe
Count Of Appeals has reversed the deci-
sion in the Sharp case and ordered new
trinl.
When the news Of the Sharp decision
reached the county courthouse it Gre
ated a considerable Stir among the law
ycrs present IN the numerous courts.
The general opinion seemed to be one
OF approval. Mr. Clark, the law part
ner OF Congressman Hourkc COCHRAN,
who argued the ease on the appeal. on
receiving the news at once started for
the Ludlow-Streot iaiI to convey the glad
tidinBs to jacob Sharp. Hc frst saw
Mrs. Sharp. She cued With JOY, and
said She had heard so many rUmors that
she found it difficult to believe it. She
then broke the news TO her husband.
He manifested no emotion Whatever
and seemed even to take but little intc-
rest in the matter. Since ms conviction
he has fallen into moody, stOlid state
of indifference 10 all outward things,
from which it seems impossible 10 rouse
him. Mr.. Clark said that when Mr..
Cochran returns from Albany tonight
there will be a consultation about apply
ing for Sharps admission to bail. 4
motion 20 that effect, he said, VIII prOba-
bly, be made Tomorrow, and NE expected
1t would be granted. A motion may be
made to any Judge OF the Supreme
Court lie supposed the amount of bail
would be high, possibly $4,000
There were two decisions rendered in
the Sharp case, one by Judge Danlorth
and one by Judge Pcckhlm. and the
court concurred in.both.
The decision says: During the trial
exceptions were taken in behalf of the
defendant TO several decisions of the
trial court in admitting against his ob-
lection certain items Oh testimony, which
if is conceded were material, and with
out which, it is claimed 10y theappoliant
conviction could not or might not have
been obtained. Wst, among others
the counsel Tor tine prosecution proved
that the defendant was examined
as a witness before the committee
Of the Senate Of this State appointed TO
investigate, among other things. the
methods OF the Broadway Railway Com
pany IN obtaining such consent. and also
the action in respect thereto Of the Board
Of Aldermen OF said city which granted
It, or of any member thereof who voted
for the same. and that he upon that Oc-
casiou gave testimony which the learned
counsel for the prosecution claimed 10
be irrciutable evidence of his pGrticipa-
ton and completely in the commission
of crime This testimony the prose
cutor offered in evidence It's admission
ON the trial was objected to on the
Ground that it was given uader privileged
that defendant was com
PEELED to attend and testify, and that tine
evidence thus elected was not cOmpe-
tent "upon the trial of the person whore
the subject under inquHy is that about
which he was then lntewOgatcd. The
court decided that the admission of this
was contrary to section I'D Of the Penal
Code and was therefore an error. The
admission of TIE pOttc testimony was
also held to be an error. Another
error was found in the examination of
Witness cX-Aldermau Miller. The
court also holds that "a error was COM
united in admitting the evidence Of the
detectives regarding the absence from
the state Of Moloucy d Go. and their
presence in Canada. The admission Of
the Phelps testimony is also pronounced
m error.